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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : CRIMINAL TRESPASS AND BURGLARY
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13-1501 Definitions
In this chapter, unless the context otherwise requires:
1. "Critical public service facility" means:
(a) A structure or fenced yard that is posted with signage indicating it is a
felony to trespass or signage indicating high voltage or high pressure and is used by a
rail, bus, air or other mass transit provider, a public or private utility, any municipal
corporation, city, town or other political subdivision that is organized under state law
and that generates, transmits, distributes or otherwise provides natural gas, liquefied
petroleum gas, electricity or a combustible substance for a delivery system that is not a
retail-only facility, a telecommunications carrier or telephone company, a municipal
provider as defined in section 45-561, a law enforcement agency, a public or private fire
department or an emergency medical service provider.
(b) A structure or fenced yard or any equipment or apparatus that is posted with
signage indicating it is a felony to trespass or signage indicating high voltage or high
pressure and is used to manufacture, extract, transport, distribute or store gas,
including natural gas or liquefied petroleum gas, oil, electricity, water or hazardous
materials, unless it is a retail-only facility.
2. "Enter or remain unlawfully" means an act of a person who enters or remains on
premises when the person's intent for so entering or remaining is not licensed,
authorized or otherwise privileged except when the entry is to commit theft of
merchandise displayed for sale during normal business hours, when the premises are open
to the public and when the person does not enter any unauthorized areas of the premises.
3. "Entry" means the intrusion of any part of any instrument or any part of a
person's body inside the external boundaries of a structure or unit of real property.
4. "Fenced commercial yard" means a unit of real property that is surrounded
completely by fences, walls, buildings or similar barriers, or any combination of fences,
walls, buildings or similar barriers, and that is used primarily for business operations
or where livestock, produce or other commercial items are located.
5. "Fenced residential yard" means a unit of real property that immediately
surrounds or is adjacent to a residential structure and that is enclosed by a fence,
wall, building or similar barrier or any combination of fences, walls, buildings or
similar barriers.
6. "Fenced yard" means a unit of real property that is surrounded by fences, walls,
buildings or similar barriers or any combination of fences, walls, buildings or similar
barriers.
7. "In the course of committing" means any acts that are performed by an intruder
from the moment of entry to and including flight from the scene of a crime.
8. "Manipulation key" means a key, device or instrument, other than a key that is
designed to operate a specific lock, that can be variably positioned and manipulated in a
vehicle keyway to operate a lock or cylinder, including a wiggle key, jiggle key or
rocker key.
9. "Master key" means a key that operates all the keyed locks or cylinders in a
similar type or group of locks.
10. "Nonresidential structure" means any structure other than a residential
structure.
11. "Residential structure" means any structure, movable or immovable, permanent or
temporary, that is adapted for both human residence and lodging whether occupied or not.
12. "Structure" means any vending machine or any building, object, vehicle, railroad
car or place with sides and a floor that is separately securable from any other structure
attached to it and that is used for lodging, business, transportation, recreation or
storage.
13. "Vending machine" means a machine that dispenses merchandise or service through
the means of currency, coin, token, credit card or other nonpersonal means of accepting
payment for merchandise or service received.
13-1502 Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a
reasonable request to leave by the owner or any other person having lawful control over
such property, or reasonable notice prohibiting entry.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or
the storage or switching yards or rolling stock of a railroad company.
B. Criminal trespass in the third degree is a class 3 misdemeanor.
13-1503 Criminal trespass in the second degree; classification
A. A person commits criminal trespass in the second degree by knowingly entering or
remaining unlawfully in or on any nonresidential structure or in any fenced commercial
yard.
B. Criminal trespass in the second degree is a class 2 misdemeanor.
13-1504 Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the
residential structure thereon in reckless disregard of infringing on the inhabitant's
right of privacy.
4. Entering unlawfully on real property that is subject to a valid mineral claim or
lease with the intent to hold, work, take or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning,
defacing, mutilating or otherwise desecrating a religious symbol or other religious
property of another without the express permission of the owner of the property.
6. Entering or remaining unlawfully in or on a critical public service facility.
B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is
a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2,
3 or 4 is a class 1 misdemeanor. 13-1505 Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by:
1. Possessing any explosive, tool, instrument or other article adapted or commonly
used for committing any form of burglary as defined in sections 13-1506, 13-1507 and
13-1508 and intending to use or permit the use of such an item in the commission of a
burglary.
2. Buying, selling, transferring, possessing or using a motor vehicle manipulation
key or master key.
B. Subsection A, paragraph 2 of this section does not apply to a person who either:
1. Uses a master key in the course of the person's lawful business or occupation,
including licensed vehicle dealers and manufacturers, key manufacturers who are engaged
in the business of designing, making, altering, duplicating or repairing locks or keys,
locksmiths, loan institutions that finance vehicles and law enforcement.
2. Transfers, possesses or uses no more than one manipulation key, unless the
manipulation key is transferred, possessed or used with the intent to commit any theft or
felony.
C. Possession of burglary tools is a class 6 felony. 13-1506 Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a
fenced commercial or residential yard with the intent to commit any theft or any felony
therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or
master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony. 13-1507 Burglary in the second degree; classification
A. A person commits burglary in the second degree by entering or remaining
unlawfully in or on a residential structure with the intent to commit any theft or any
felony therein.
B. Burglary in the second degree is a class 3 felony.
13-1508 Burglary in the first degree; classification
A. A person commits burglary in the first degree if such person or an accomplice
violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses
explosives, a deadly weapon or a dangerous instrument in the course of committing any
theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced
commercial or residential yard is a class 3 felony. It is a class 2 felony if committed
in a residential structure.
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